D. L. Gee

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 7, 2000

Representation vote ordered in construction industry displacement certification application; request to seal ballot box denied.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995, seeking to displace the intervenor union as the bargaining agent for the responding party's employees.

The Board found that the application was timely and that the applicant had filed sufficient membership evidence to warrant a representation vote.

The Board declined the responding party's request to seal the ballot box under section 8.1 of the Act, citing prior Board jurisprudence.

A representation vote was ordered for the proposed voting constituency.

Labourers’ International Union of North America v. Ganiva Construction Ltd., 2000 CanLII 10266

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 7, 2000

Union certification application dismissed after failing to secure majority support in representation vote.

The applicant union sought certification as the bargaining agent for the employees of the responding party.

Following a second representation vote directed by the Board, not more than fifty per cent of the ballots were cast in favour of the applicant.

Consequently, the Board dismissed the application for certification and imposed a one-year bar on further applications by the applicant for the same bargaining unit.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. Cortina Kitchens Inc., 2000 CanLII 12973

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 7, 2000

Default judgment granted against employer for unpaid collective agreement contributions.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

The responding party employer failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party violated the collective agreement by failing to pay outstanding account receivables and ordered it to pay damages and costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Oakdale Drywall & Acoustics Ltd., 2000 CanLII 9313

D. L. Gee

Board directed applicant to provide valid address for responding parties or face automatic termination.

The applicant filed an application, but the Confirmation of Filing sent to the responding parties was returned by the courier due to a bad address.

The Board directed the applicant to provide a valid address by a specified date, failing which the matter would be automatically terminated.

The scheduled hearing was cancelled.

International Union of Painters and Allied Trades, Local 1819, Glaziers v. Service Glass & Mirror Ltd., 2000 CanLII 11730

J. G. Knight

G. McMenemy

D. L. Gee

Default judgment granted against employer for unpaid collective agreement contributions.

The applicant referred a grievance to the Board under section 133 of the Labour Relations Act, 1995.

The responding party failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the Board deemed the facts in the application accepted.

The Board found the responding party bound by the provincial collective agreement and ordered it to pay $1,995.52 in damages for unpaid contributions and $664.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Dufferin Drywall & Acoustics Ltd., 2000 CanLII 6758

J. Knight

G. McMenemy

D. L. Gee

Default judgment granted against responding party for unpaid collective agreement contributions and costs.

The applicant referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995, alleging the responding party failed to pay outstanding account receivables as required by the applicable collective agreements.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend within the required time.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party bound by the collective agreements, declared it had violated them, and ordered it to pay $11,609.56 in damages and $664.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Marel Contractors Enterprises Limited, 2000 CanLII 7367

J. G. Knight

G. McMenemy

D. L. Gee

Employer ordered to pay damages and costs for unpaid contributions in default grievance proceeding.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding party employer failed to pay outstanding account receivables and contributions.

The responding party failed to file a response or notice of intent to defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board declared the employer bound by the collective agreements, found it in violation, and ordered payment of damages and costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Jevlan Drywall Inc., 2000 CanLII 9404

J. G. Knight

G. McMenemy

D. L. Gee

Default judgment granted for unpaid collective agreement contributions after responding party failed to file response.

The applicant referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, alleging the responding party failed to pay outstanding account receivables as required by the collective agreement.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party violated the collective agreement, ordered payment of $5,531.14 in damages and $664.00 in costs, and cancelled the scheduled hearing.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Alcor Investment Group Inc. c.o.b. as Alcor Interiors, 2000 CanLII 10418

J. G. Knight

G. McMenemy

D. L. Gee

Default judgment granted against responding party for unpaid collective agreement contributions.

The applicant referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found that the responding party violated the applicable collective agreements by failing to pay outstanding account receivables and ordered the payment of damages and costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. J.G.C. Contracting Inc., 2000 CanLII 10657

J. G. Knight

G. McMenemy

D. L. Gee

Default judgment granted against employer for unpaid union contributions and costs.

The applicant referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend within the required time.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party bound by the relevant collective agreements and ordered it to pay $10,351.33 in damages for unpaid contributions and $664.00 in costs.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Lopes Drywall & Acoustics Inc., 2000 CanLII 10693

D. L. Gee

Appeal of inspector's order dismissed for being filed outside the strict 30-day statutory time limit.

The applicant appealed an inspector's order under section 61 of the Occupational Health and Safety Act.

The appeal was filed 33 days after the order was made.

The Board dismissed the appeal because it was filed outside the 30-day statutory time limit, and the Act does not provide the Board with discretion to extend the time limit.

Ministry of the Attorney General v. John Archambault, and OPSEU - Local 154 and Ministry of Labour, 2000 CanLII 12465

D. L. Gee

Employee appeal of refusal to issue order to pay terminated following $400 settlement.

The applicant employee appealed an Employment Standards Officer's decision refusing to issue an order to pay against the employer.

Prior to a hearing, the parties entered into a settlement agreement wherein the employer agreed to pay the applicant $400 net.

Having regard to the settlement, the Board terminated the proceeding.

Keith L. Byrne v. Recovery Technologies Inc., 2000 CanLII 12737

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 5, 2000

Representation vote directed in construction industry certification application; section 8.1 challenge dismissed.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party employer asserted that there were no employees at work in the proposed unit on the application date, that it was already bound by a collective agreement, and gave notice under section 8.1 of the Act challenging the vote.

The Board directed a representation vote, noting that the employer's assertions regarding employees at work and the existing collective agreement were not reasons to delay the vote.

The Board further held that section 8.1 does not apply to construction industry certification applications, and therefore declined to seal the ballot box.

International Union of Operating Engineers, Local 793 v. Towland-Hewitson Construction Limited, 2000 CanLII 8932

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 5, 2000

Representation vote directed in construction industry certification application after employer failed to respond.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party failed to file a response.

The Board found that the applicant is a trade union and an affiliated bargaining agent, and that not less than forty per cent of the individuals in the proposed bargaining unit were members of the union.

The Board determined the appropriate bargaining unit and directed that a representation vote be taken.

Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America v. 539243 Ontario Ltd., 2000 CanLII 6397

Michael McCreary

12 cases2000–2019

G. Pickell

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardJul 4, 2000

Employer ordered to pay $29,826.12 in damages and costs for unpaid benefit contributions in undefended grievance.

The applicant union referred three grievances to arbitration under section 133 of the Labour Relations Act, 1995, alleging the responding party failed to make required deductions and contributions to various benefit plans.

The responding party did not attend the hearing.

Based on the evidence of the union's business representative, the Board found the responding party was bound by the Carpenters Provincial ICI Collective Agreement and had failed to remit the required contributions.

The Board ordered the responding party to pay $24,544.12 in damages, plus $5,282.00 in costs and fees, for a total of $29,826.12.

Drywall Acoustic Lathing and Insulation Local 675, United Brotherhood of Carpenters and Joiners of America v. Simplex Drywall Limited, 2000 CanLII 11918

J. G. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJul 4, 2000

Labour relations application withdrawn with leave of the Board.

The applicant, International Brotherhood of Electrical Workers, Local 353, sought to withdraw its application against the responding party, The Board of Governors of Exhibition Place.

The Ontario Labour Relations Board granted leave and the application was withdrawn.

International Brotherhood of Electrical Workers, Local 353 v. The Board of Governors of Exhibition Place, 2000 CanLII 6654

G. Pickell

D. L. Gee

A. Haward

OLRBOntario Labour Relations BoardJul 4, 2000

Matters adjourned on consent pending potential filing of a jurisdictional dispute application.

The parties agreed to adjourn the matters to August 25, 2000, unless a jurisdictional dispute application is filed by August 10, 2000, in which case the matters will be adjourned sine die.

The Board ordered the adjournment on consent.

Operative Plasterers’, Cement Masons’ and Restoration Steeplejacks’ International Association of the United States and Canada, Union Local 598 v. Phoenix Restoration, a division of Phoenix Gunite Services Ltd., 2000 CanLII 12806

J. Knight

G. McMenemy

D. L. Gee

OLRBOntario Labour Relations BoardJun 30, 2000

Board directs second representation vote and dismisses unfair labour practice applications pursuant to settlement.

The applicant union filed an application for certification and two unfair labour practice applications under section 96 of the Labour Relations Act, 1995.

Following a first representation vote and subsequent Board rulings, the parties entered into Minutes of Settlement.

Pursuant to the settlement, the Board dismissed the section 96 applications and directed that a second representation vote be held among the agreed-upon list of eligible voters.

Labourers’ International Union of North America Local 183 v. Mason Homes Limited, 2000 CanLII 11729

J. G. Knight

D. L. Gee

A. Haward